child custody?

Question

My husband and I live in FL. and we gained custody of my husband's 3 children from a previous marriage, due to the mother putting them around a man who was a potential danger to them. They have lived with us for well over a year now and my husband and I have a child together as well. My husband is in the military and he recently received orders for us to move to Japan. The mother can take us back to court now and try to regain custody of the children due to them move. The mother lives in GA. and only has visitation with them, my husband has full custody. Will the courts split up my family? They have lived with their half brother since he was 3 months old. Does this play a factor in the judge's decision for maybe not changing custody again back to her? Please do not respond, go to the JAG office on the base. The JAG office mainly just gives out information on Wills, etc. and we have been down that road already. Please help.

Answer 1

Sweet heart I am in the same boat. Well similar. I have custody of my 5 year old and always have. We are military too, and chances are we will move over seas at one point. I know that consistency of a child is what is important and that the judge will recognize that you have had the children for a year now. The mothers recent record of indangering her children will come into play! Even if she isn't with that man anymore. She obviously has poor judgement and we all make mistakes, but there is hardly any room for mistakes with children with indangering them. The fact that they have a half sibling that they have been with should come into play as well. I have a son with my now husband who is my daughters half brother. I really don't think that the judge would change custody just because you move. I mean it's the military life and it isn't a bad thing. Your husband can always support financially, they have health benefits, and always will have food and housing. He's being a real man compared to most others in this world. If she has visitaion now, she still can have visitation. If she is safe enough, she can have them 6 weeks out of the summer, while you have them the rest of the time, since you have physical custody. That's what we do, and will continue to do if we move over sea's. My daughters father doesn't pay his court ordered child support and we've already been to court for that, so I know they would never give him custody. You all have already gone to court for her indangerment, so they will look at that, and they already granted you custody. They can't keep changing it. It's not good for the children! Don't worry! I would first try to work out an agreemnt of visitation with her before you move and get it in writing and notarized. Then submit it to the courts for their records. If you can't do that, let the court know that you are moving and tell them you need to change the visitation agreement. You can always go to a mediator that the courts offer. It's an alternative to seeing a judge. It allows the two of you to sit face to face with a neutral person and come to an agreement. You have options, just try not to jump to conclusions. Remamber, the judge has the childs best intrest at heart not the parents. Looks as if living with you two is their best interest to me. I feel like it will work out. I hope so.

Answer 2

Your Husband has full custody of his children well should I say your children now as well and I don't see why a judge would return them to the mother just becaause hes got new orders for Japan because she and the judge knew at the time your Husband was awarded custody of the children that he was in the military and since the military is unpredictable I dont see why she would have aproblem with them nor the judge have a problem with his new orders to Japan I dont think you have anything to worry about since the children have been a part of your Family for 3 yrs I think the judge will decide if it comes to that whats in the best interest of the children which is evidently being with you and their father.

Answer 3

If your husband has FULL Custody -- all he needs to do is NOTIFY the other parent about the Military Move -- and that will be it for the most part.

The JAG, in case you are wondering, will NOT interfere or provide you with legal assistance in what is Considered Civilian Matters (meaning Domestic Things like Divorce, Child Custody, etc).

Your Spouse needs to review HIS divorce Decree and the CUSTODY Orders -- especially the Custody Orders and any modifications. What is going to be tricky is whether or not the custody is FULL ... and what it says about moves ...

THEN ... your Husband MAY also have to go back to court to deal with Mediation again for a MODIFICATION of the Child Custody Agreement -- to renegotiate the Visitation Schedules -- and ... MOST IMPORTANTLY to the Military Orders -- to get the JUDGE to sign the ORDER that allows YOUR HUSBAND to obtain the PASSPORTS for the Children from his previous Marriage to JOIN Him and your child at the NEW Post in JAPAN!!!!!!


START this process now -- have him hire a Civilian Attorney -- usually around Military Bases -- they will advertise that they deal with Child Custody/Support for Military Families -- and ask around. This needs to be done -- since one of the rules for Passports of Children UNDER (I believe it is this age) 16 yrs of age is that BOTH parents must sign approval for the Child to be issued a Passport in their own names, and this is even before any entry papers for the destination posting overseas.

Answer 4

apparently she was not fit as a mother and a woman to provide proper care in the first place, your husband as full custody, what he needs to do is have her maternal rights terminated. the judge will see what environment is best for the children, and seeing that your husband is in the military, your environment is much better than her or they would have never taken the children out of her home in the first place. you can always check with the regulatory and child protective services to see what can be done

Answer 5

when you have full custody of a child the only thing have to do is notify the non custodial parent and inform her of the changes that will occur. but in your situation the judge has removed the kids in order to maintain their safety and ensure their well being so don't worry about it this is pretty much a open and close case in you guys favor; all she'll be doing is spending money she probably don't have.

Answer 6

You should look into pre paid legal, they can really help with situations like yours.

Answer 7

depends on the judge god be with you